2019 "Best Lawyers in America"

Power Tools

Florida Products Liability Lawyers

Handheld power tools often provide welcome speed and assistance to a work project; whether it’s a small project around the house or part of an industrial project. When these tools fail to operate safely, they can present the possibility of serious bodily injury or even death.

Tools Commonly Associated With Products Liability Actions

In 2009, Forbes listed the “10 Most Dangerous Power Tools” available. Their list is representative of tools frequently involved in products liability litigation in the United States:

Power nailers – 37,000 emergency room cases annually

Chain saws- 36,000 emergency room cases annually

Table saws – 29,000 emergency room cases annually

Snowblowers – 5,700 emergency room cases annually

Circular saws – 10,600 emergency room cases annually

Riding lawnmowers – 37,000 emergency room cases annually

Power drills – 5,800 emergency room cases annually

Backhoes – 38 deaths per year

Air compressors – 2,400 emergency room cases annually

Wood chippers – 3 deaths per year

Saws constitute a uniquely frequent source of power tool mishaps. Estimates from the CPSC’s National Electronic Injury Surveillance System (NEISS) in 2011 show that the number of emergency department-treated injuries associated with saws is, “high and not decreasing over the years.” An average annual 94,200 saw-related injuries were treated in U.S. hospital emergency rooms during 2001–2008.

Power Tool Product Liability Theories

Power tool product liability is comprised of three distinct types of product liability theories: design defects, manufacturing defects, or defects in marketing, which include failure to provide adequate warnings. Many states enforce products liability under a strict liability standard. Strict liability does not consider the negligence of the manufacturer. Instead, if the product is legally deemed to be defective, there is liability. All parties in the distribution chain of the product are potentially liable. This includes point of sale merchants, distributors, wholesalers and product manufacturers.

Product Liability

Recent Firm News

MIAMI – May 23, 2019 – Miami-based litigation boutique Podhurst Orseck is pleased to announce that seven of its attorneys have been recognized as leaders in their respective fields in the 2019 edition of Chambers USA, one of the most...

Verdicts & Settlements

When noted scientist and financial analyst Miguel Octavio was hit by a car during an August bicycle ride in Boca Raton, Podhurst Orseck attorneys promised his wife they would do their best to get the case behind them by the holidays.

A federal district court judge on Wednesday gave her final approval to the settlement brought by more than 5,000 former players who accused the N.F.L. of hiding from them the dangers of concussions, a major hurdle in ending one of the most contentious legal battles in league history. The settlement is designed to provide payments of up to $5 million to players who have one of a handful of severe neurological disorders, medical monitoring of all players to determine when or if they may qualify for a payment and $10 million for education about concussions.

Top Class Action FAQs

A: A class action is a type of lawsuit in which the common claims and rights of similarly situated parties are collectively decided in a single case. There is good reason to allow class action lawsuits. It permits individuals who have been harmed to be treated fairly and equitably when contending with defendants who often have significantly more financial resources than individual claimants.

Top Commercial Litigation FAQs

A: This can vary considerably, as each case is unique and brings its own set of circumstances and complexities. Some matters may settle prior to trial while others may proceed to trial and possibly to appellate review.

Recent News & Blog Posts

MIAMI – May 23, 2019 – Miami-based litigation boutique Podhurst Orseck is pleased to announce that seven of its attorneys have been recognized as leaders in their respective fields in the 2019 edition of Chambers USA, one of the most